A car accident can be life-changing, leading to injuries, damages, bills, and financial burdens. Knowing the proper steps can significantly protect your legal rights and maximize your compensation, whether you are a driver, passenger, pedestrian, motorist, or anyone else affected. If you are involved in an accident in North Carolina, understanding the statement process, asking the right questions, and knowing how to file a claim can help. Working with attorneys ensures that every person involved receives proper care and that each party understands their legal options when dealing with accidents and insurance companies.
At Constantinou & Burkert Accident Injury Lawyers, we have extensive experience helping car accident victims recover damages for medical treatment, lost wages, pain, suffering, and other expenses. Whether you were involved in a car accident or a severe crash, we understand the importance of addressing every part of your claim to ensure fair compensation. This comprehensive guide explains what to do after an accident, how to navigate insurance claims, and when to contact a personal injury lawyer for legal assistance. Our clients can trust us to provide detailed descriptions of their legal options and ensure their names and cases are handled professionally. If you need help, we are ready to address your concerns and guide you through the legal process. If you need to discuss anything, our team is here for you.
Immediate Steps to Take After Car Accidents
1. Check for Injuries & Call for Help
After a collision, your priority is safety. Check yourself and others for injuries. If someone is hurt, call 911 immediately and request an ambulance. A doctor should evaluate your injuries, even if they seem minor. Some injuries, like whiplash or internal bleeding, may not be immediately apparent. Pay close attention to any symptoms that develop over time, as these could indicate more serious medical issues. When seeking medical care, ensure that all names of treating professionals are documented, along with a clear description of your condition. Keeping accurate facts about the incident can be crucial if you need to file a claim or seek legal representation. If you cannot handle legal matters independently, an attorney can act on your behalf during a consultation to discuss your case. Laws in your state determine the amount of compensation you may be entitled to, making it essential to understand your legal options.
If the car crash results in death or significant damage, you must wait for law enforcement. A police officer will arrive at the accident scene, assess the situation, and file an official police report. This report serves as key evidence when filing an insurance claim or lawsuit. In a professional manner, provide the officer with your driver’s license and other necessary details. The report will document the extent of loss, potential liability, and any required payment for damages.
2. Move to a Safe Location
If possible, move your vehicle out of traffic to prevent further crashes. However, do not leave the scene before law enforcement arrives, which could lead to legal charges. If your car is not drivable, turn on hazard lights and wait in a safe location. Everyone involved should remain at the accident scene to exchange information. Understanding the cause of the accident is essential, as it can determine which parties may be held liable. The types of actions you take after a crash can affect your ability to recover money for damages. Keeping track of important things like insurance details and witness statements can help strengthen your case, no matter the circumstances.
3. Exchange Information
Gather contact information from all drivers, passengers, and witnesses at the scene. Be sure to collect:
- Name and phone number of the driver
- Insurance company and policy number
- License plate number and driver’s license details
- Vehicle make, model, and color
- Accident report number from the police officer
Witness statements can strengthen your case and provide valuable proof if the fault is disputed.
4. Documenting the Accident Scene
Take photos and videos of the accident scene, cars, vehicles, damages, injuries, traffic signs, and road conditions. These pictures serve as substantial evidence for your claim and help determine liability. Capturing the market value of the damaged vehicle can be helpful when negotiating with the insurer. Taking this action ensures that you have solid proof of the value of your losses. Gathering resources such as witness statements and police reports can strengthen your case. Seeking legal advice can help you understand the potential cost of repairs and medical expenses.
Understanding Liability & Fault in North Carolina
North Carolina follows a contributory negligence rule, meaning that you cannot recover compensation if you are even one percent at fault. This makes proving fault crucial in car accident cases. Attorneys often work with insurance adjusters, police reports, witness statements, and medical records to establish who is responsible. Considering that blame can affect your case, it is essential to have strong evidence. Your health insurance may cover some medical expenses, but out-of-pocket costs can still add up. Since no one wants to be unfairly denied compensation, a P.A. or personal injury lawyer can help navigate legal complexities. Providing the correct addresses of witnesses and medical providers ensures that your client file is complete and supports your claim.
Key factors that determine liability include:
- Reckless driving, speeding, or distracted driving
- Driving under the influence of drugs or alcohol
- Failing to yield or violating traffic laws
- Running red lights or stop signs
- Road conditions and weather factors
If you believe you are not at fault, a car accident attorney can help protect your rights and prevent insurance companies from denying your claim.
How to File a Car Accident Claim in North Carolina
1. Notify Your Insurance Company
After a car accident, report it to your insurance company as soon as possible. Provide accurate details about the wreck, but avoid admitting fault. Insurance adjusters may use your statements against you. The type of information you provide should be factual and to the point. At most times, documenting everything related to the accident can help strengthen your claim. Your insurance firm may request details about the accident site, involved locations, and medical treatments. The staff handling your case will review the evidence, including testimonials from witnesses. No matter what kind of accident it was, focus on providing the right things to support your case.
Your insurance policy may cover property damage, medical treatment, and collision coverage based on your insurance coverage limits. If the other driver was uninsured, you might need to rely on your uninsured motorist (UM) coverage. In addition, it’s essential to keep your eyes on how the claim process unfolds to ensure a fair outcome. The accident’s impact on your finances and well-being should be carefully considered. Seeking advice from a friend or legal professional can help you understand your position and the best course of action. Remember that insurance companies may try to minimize payouts, so staying informed is key.
2. Obtain a Copy of the Police Report
A police report is crucial for your case. You can request a copy from the police office or access it online. This document contains essential information, including witness statements, officer findings, and whether any charges were filed. For example, the report will outline key details about each driver’s role if the car wreck involves multiple vehicles. Obtaining this report requires effort, but it can make a lot of difference in proving fault and securing fair compensation.
3. Seek Medical Treatment & Keep Records
Visit a doctor even if you don’t feel hurt immediately. Some injuries take time to develop, and having a medical report strengthens your claim. Keep receipts and documentation for:
- Hospital visits
- Doctor consultations
- Medications & treatments
- Rehabilitation costs
- Ambulance services
These records help prove your injuries and the costs associated with your recovery.
4. Consult a Car Accident Attorney
Working with an attorney increases your chances of receiving fair compensation. A car accident lawyer at Constantinou & Burkert Accident Injury Lawyers will evaluate your case, negotiate with insurance companies, and, if necessary, file a lawsuit.
Compensation Available for Car Accident Victims
Car accident victims in North Carolina may recover damages for:
- Medical treatment & expenses
- Pain and suffering
- Lost wages and reduced earning potential
- Property damage claim for repair or replacement
- Emotional distress and mental trauma
- Funeral costs in cases of wrongful death
A settlement offer from an insurance company may not fully cover your losses. Having a personal injury lawyer on your side ensures you are not taken advantage of.
Filing a Lawsuit for a Car Accident
Taking the right steps after a car accident in North Carolina is crucial and Constantinou & Burkert Accident Injury Lawyers in Durham can guide you through the process
If a settlement cannot be reached, a trial may be necessary. A lawsuit involves presenting evidence, proving liability, and demonstrating damages before a court. The legal process may include:
- Filing the lawsuit and notifying the defendant
- Investigation and gathering additional evidence
- Deposition of witnesses and expert testimonies
- Negotiation for a possible settlement
- Taking the case to trial if an agreement isn’t reached
Car accident attorneys at Constantinou & Burkert Accident Injury Lawyers will handle the legal work while you focus on recovery.
Common Mistakes to Avoid After a Car Accident
Many people make mistakes that can harm their claim. Avoid:
- Delaying medical treatment
- Admitting fault at the accident scene
- Accepting the first settlement offer
- Posting about the accident on social media
- Speaking to the insurance adjuster without legal representation
Your attorney will advise you on handling your case and protecting your rights.
Contact Constantinou & Burkert Accident Injury Lawyers Today
If you were involved in a car accident in Raleigh, Wilmington, or anywhere in North Carolina, Constantinou & Burkert Accident Injury Lawyers can help. Our team of dedicated attorneys understands the legal system and fights for your best interests. We assist clients in handling insurance claims, negotiating settlements, and pursuing compensation for injuries, medical expenses, property damage, and lost wages.
From gathering evidence and reviewing police reports to dealing with insurance adjusters, we make the process smoother for you. Whether you need guidance after a car wreck or legal representation in court, we protect your rights. Our firm works diligently to maximize your claim and provide the legal assistance you deserve.
If you have questions about your case, need help understanding liability, or want a consultation, contact us today. We serve accident victims across North Carolina, offering trusted legal advice and personalized support. Let us handle the legal matters while you focus on recovery. Call Constantinou & Burkert Accident Injury Lawyers now to discuss your car accident case.
Frequently Asked Questions
What Are North Carolina’s Car Insurance Requirements?
North Carolina requires all drivers to have liability insurance with minimum coverage of $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage. Uninsured/underinsured motorist coverage is also required to protect against drivers without insurance.
How Long Do I File a Car Accident Claim in North Carolina?
The statute of limitations for filing a personal injury claim after a car accident in North Carolina is three years from the accident date. If the accident results in wrongful death, the deadline is two years. Failing to file within this period may result in losing your right to compensation.
What Happens If the At-Fault Driver Doesn’t Have Insurance?
If the at-fault driver is uninsured, you may file a claim under your uninsured motorist (UM) coverage. If they have insurance but insufficient coverage, your underinsured motorist (UIM) policy can help cover the remaining costs. An attorney can help determine your best legal options.
Can I Still Get Compensation If the Other Driver Leaves the Scene?
Yes, if the driver fled, you may be able to file a claim under your uninsured motorist coverage. Reporting the hit-and-run to the police immediately and gathering evidence like witness statements and surveillance footage can strengthen your case.
What Should I Do If I Was Injured as a Passenger?
As a passenger, you can file a claim against the at-fault driver’s insurance, whether it’s the driver of your car or another vehicle. If both drivers share fault, you may file against both policies. If insurance is insufficient, your insurance may help cover damages.
How Does North Carolina Handle Hit-and-Run Accidents?
North Carolina law requires all drivers involved in an accident to stop and exchange information. Leaving the scene is a crime. You can use your uninsured motorist coverage to recover damages if the at-fault driver is not found.
What If Poor Road Conditions Caused My Car Accident?
If road hazards like potholes or missing signs contributed to the accident, you may be able to file a claim against the government agency responsible for maintaining the road. However, claims against government entities have strict filing deadlines and requirements.
Can Social Media Posts Affect My Car Accident Claim?
Yes. Posting photos or updates about your accident, injuries, or recovery can be used against you by insurance companies. Even unrelated posts can be misinterpreted to downplay your injuries. It’s best to avoid discussing your case online.
How Is Pain and Suffering Compensation Calculated?
Pain and suffering damages are calculated based on injury severity, medical costs, recovery time, and emotional distress. Insurance companies often use multipliers (1.5x–5x medical expenses) or per diem calculations. An attorney can help ensure a fair evaluation.
What Should I Do If the Insurance Company Denies My Claim?
Review the denial letter to understand the reason your claim was denied. You may appeal the decision, provide additional evidence, or negotiate with the insurer. If they refuse to pay a fair settlement, consulting an attorney can help you take legal action.
